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PD152R-AG 971028AGENDA REQUEST FORM MEETING: October 28, 1997 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-152R, Upper Imaqe Car Wash, zoning change for property zoned PD-C (Planned Development, Commercial) by amending the Planned Development to permit a 3,498 square foot self-service car wash building and a 1,680 square foot drying shed on property located on the west side of MacArthur Boulevard, approximately 1,014 feet north of Beltline Road, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF RECOM]4ENDS: Approval ~ Denial STAFF COM/~ENTS: This Planned Development, with conditions, was unanimously granted by Council (7-0) on September 9, 1997. APPROV£D CITY COUNCIL DATE / DIR. INITIALS: ~~, Agenda Request Form - Revise/ii 1/97 FIN. REVIEW:~ CITY MANAGER REVIEW: /)1~' Document Name PD152RO.PZ .or, ~ ~J AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ii?//O'~9-/iq. _/oo,/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE FOR PROPERTY ZONED "PD-C" (PLANNED DEVELOPMENT,COMMERCIAL) BY AMENDING THE PLANNED DEVELOPMENT TO PERMIT A SELF-SERVICE CAR WASH ON PROPERTY LOCATED ON THE WEST SIDE OF MACARTHUR BOULEVARD, APPROXIMATELY 1,014 PEET NORTH OF BELTLINE ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXI-HBIT "B"; PROVIDING FOR THE APPROVAL OF THE LANDSCAPE PLANS ATTACHED HERETO AS EXHIBIT "C" AND "D"; PROVIDING FOR THE APPROVAL OF THE BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "E"; PROVIDING FOR THE APPROVAL OF THE SIGN ELEVATION ATTACHED IIERETO AS EXHIBIT "F"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Case No. PD- 152R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should bc amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Page 1 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended by granting a zoning change for the herein described property to "PD-C" (Planned Development,Commercial), be amended to permit a 3,498 square foot self-service car wash and a 1,680 square foot drying shed on property located on the west side of MacArthur Boulevard, approximately 1,014 feet north of Beltline Road, Coppell, Dallas County; Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the above change in zoning for property zoned "PD-C" (Planned Development, Commercial) by amending the planned development to permit a 3,498 square foot self-service car wash building and a 1,680 square foot drying shed is hereby granted subject to the following development conditions: (A) (B) (c) (D) (E) (F) The hours of operation shall be limited to between 6 a.m. and 11 p.m. daily. An irrigation plan shall be submitted for review and approval by the Director of Planning prior to f'fling the plat with the county. The lighting shall match existing facilities on site and there shall be minimum lighting for landscaping and security of facility after hours. The facility shall be manned by a uniformed, identifiable employee a minimum of eight hours per day. A letter shall be provided by the owner of Sonic agreeing to the closure of access point located at the southeast corner of this development. Property shall be developed and used only in accordance with the Site Plan attached as Exhibit "B"; the Landscape Plans attached as Exhibits 'C" and Building Elevations attached as Exhibit "E"; and the Sign Elevation attached as Exhibit "F". SECTION 3. That the Site Plan attached hereto as Exhibit "B"; the Landscape Plan for the Car Wash Facility attached hereto as Exhibit "C"; the Landscape Plan for Private Park Improvements attached hereto as Exhibit "D"; Building Elevations attached hereto as Exhibit "E"; the Sign Elevation attached hereto as Exhibit "F" made a part hereof for all purposes, be, and the same are hereby approved. Page 2 AP/~OVED: CA~D~ ~;HI~EH-AN, M,~Y:6R ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER (~. SMITH?CITY ATTORNEY Page 4 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Comprehensive Zoning Ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as I1 whole. SECTION 7. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as hereto amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DUIff~P~SED by the City Council of the City of Coppell, Texas, this the of e?o ,e r ,1997. 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